Hong Kong Human Rights and Democracy Act of 2019
This bill directs various departments to assess whether political developments in Hong Kong justify changing Hong Kong's unique treatment under U.S. law. (Hong Kong is part of China but has a largely separate legal and economic system.)
The Department of State shall report and certify annually to Congress as to whether Hong Kong is sufficiently autonomous from China to justify its unique treatment. The report shall address issues including (1) demands for universal suffrage; (2) law enforcement cooperation, including extradition requests; (3) sanctions enforcement and export controls; (4) decision-making within the Hong Kong government; (5) judicial independence; (6) civil liberties in Hong Kong, including freedom of assembly and freedom of the press; and (7) how any erosion to Hong Kong's autonomy impacts areas of U.S.-Hong Kong cooperation.
The Department of Commerce shall report annually to Congress on China's efforts to use Hong Kong to evade U.S. export controls and sanctions and the extent of such violations occurring in Hong Kong generally. The report shall also (1) identify any items that were improperly reexported from Hong Kong, (2) assess whether dual-use items subject to U.S. export laws are being transshipped through Hong Kong, and (3) assess whether such dual-use items are being used to develop various mass-surveillance and predictive-policing tools or the social-credit system proposed for deployment in China.
If the President determines that Hong Kong has proposed or enacted legislation that puts U.S. citizens at risk of extradition to mainland China or to another country that lacks defendants' rights protections, the President shall report to Congress on (1) a strategy for protecting U.S. citizens and businesses in Hong Kong, and (2) whether Hong Kong is legally competent to administer various law-enforcement agreements between Hong Kong and the United States.
The State Department may not deny work- or student-visa applications from an otherwise qualified Hong Kong resident due to a politically motivated adverse action by the Hong Kong government against the applicant. The State Department shall encourage other democratic countries to take a similar approach.
The President shall report to Congress a list of individuals responsible for committing acts that violate internationally recognized human rights in Hong Kong, including the extrajudicial rendition or torture of any person in Hong Kong. The bill bars such individuals from entering the United States and imposes sanctions on them.
[116th Congress Public Law 76]
[From the U.S. Government Publishing Office]
[[Page 133 STAT. 1161]]
Public Law 116-76
116th Congress
An Act
To amend the Hong Kong Policy Act of 1992, and for other
purposes. <<NOTE: Nov. 27, 2019 - [S. 1838]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Hong Kong Human
Rights and Democracy Act of 2019.>>
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) <<NOTE: 22 USC 5701 note.>> Short Title.--This Act may be cited
as the ``Hong Kong Human Rights and Democracy Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Statement of policy.
Sec. 4. Amendments to the United States-Hong Kong Policy Act of 1992.
Sec. 5. Annual report on violations of United States export control laws
and United Nations sanctions occurring in Hong Kong.
Sec. 6. Protecting United States citizens and others from rendition to
the People's Republic of China.
Sec. 7. Sanctions relating to undermining fundamental freedoms and
autonomy in Hong Kong.
Sec. 8. Sanctions reports.
Sec. 9. Sense of Congress on People's Republic of China state-controlled
media.
Sec. 10. Sense of Congress on commercial exports of crowd control
equipment to Hong Kong.
SEC. 2. <<NOTE: 22 USC 5701 note.>> DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations of the
Senate;
(B) the Committee on Armed Services of the Senate;
(C) the Committee on Banking, Housing, and Urban
Affairs of the Senate;
(D) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(E) the Committee on the Judiciary of the Senate;
(F) the Committee on Foreign Affairs of the House of
Representatives;
(G) the Committee on Armed Services of the House of
Representatives;
(H) the Committee on Financial Services of the House
of Representatives;
(I) the Committee on Homeland Security of the House
of Representatives; and
(J) the Committee on the Judiciary of the House of
Representatives.
(2) Social credit system.--The term ``social credit system''
means a system proposed by the Government of the People's
[[Page 133 STAT. 1162]]
Republic of China and scheduled for implementation by 2020,
which would--
(A) use existing financial credit systems, public
records, online activity, and other tools of
surveillance to aggregate data on every Chinese citizen
and business; and
(B) use such data to monitor, shape, and rate
certain financial, social, religious, or political
behaviors.
(3) United states person.--The term ``United States person''
means--
(A) a United States citizen;
(B) a lawfully admitted permanent resident of the
United States; or
(C) an entity organized under the laws of--
(i) the United States; or
(ii) any jurisdiction within the United
States, including a foreign branch of such an
entity.
SEC. 3. <<NOTE: 22 USC 5701 note.>> STATEMENT OF POLICY.
It is the policy of the United States--
(1) to reaffirm the principles and objectives set forth in
the United States-Hong Kong Policy Act of 1992 (Public Law 102-
383), namely that--
(A) the United States has ``a strong interest in the
continued vitality, prosperity, and stability of Hong
Kong'';
(B) ``[s]upport for democratization is a fundamental
principle of United States foreign policy'' and
therefore ``naturally applies to United States policy
toward Hong Kong'';
(C) ``the human rights of the people of Hong Kong
are of great importance to the United States and are
directly relevant to United States interests in Hong
Kong [and] serve as a basis for Hong Kong's continued
economic prosperity''; and
(D) Hong Kong must remain sufficiently autonomous
from the People's Republic of China to ``justify
treatment under a particular law of the United States,
or any provision thereof, different from that accorded
the People's Republic of China'';
(2) to support the high degree of autonomy and fundamental
rights and freedoms of the people of Hong Kong, as enumerated
by--
(A) the Joint Declaration of the Government of the
United Kingdom of Great Britain and Northern Ireland and
the Government of the People's Republic of China on the
Question of Hong Kong, done at Beijing December 19, 1984
(referred to in this Act as the ``Joint Declaration'');
(B) the International Covenant on Civil and
Political Rights, done at New York December 19, 1966;
and
(C) the Universal Declaration of Human Rights, done
at Paris December 10, 1948;
(3) to support the democratic aspirations of the people of
Hong Kong, including the ``ultimate aim'' of the selection of
the Chief Executive and all members of the Legislative Council
by universal suffrage, as articulated in the Basic Law of the
Hong Kong Special Administrative Region of the People's Republic
of China (referred to in this Act as the ``Basic Law'');
[[Page 133 STAT. 1163]]
(4) to urge the Government of the People's Republic of China
to uphold its commitments to Hong Kong, including allowing the
people of Hong Kong to govern Hong Kong with a high degree of
autonomy and without undue interference, and ensuring that Hong
Kong voters freely enjoy the right to elect the Chief Executive
and all members of the Hong Kong Legislative Council by
universal suffrage;
(5) to support the establishment of a genuine democratic
option to freely and fairly nominate and elect the Chief
Executive of Hong Kong, and the establishment by 2020 of open
and direct democratic elections for all members of the Hong Kong
Legislative Council;
(6) to support the robust exercise by residents of Hong Kong
of the rights to free speech, the press, and other fundamental
freedoms, as provided by the Basic Law, the Joint Declaration,
and the International Covenant on Civil and Political Rights;
(7) to support freedom from arbitrary or unlawful arrest,
detention, or imprisonment for all Hong Kong residents, as
provided by the Basic Law, the Joint Declaration, and the
International Covenant on Civil and Political Rights;
(8) to draw international attention to any violations by the
Government of the People's Republic of China of the fundamental
rights of the people of Hong Kong, as provided by the
International Covenant on Civil and Political Rights, and any
encroachment upon the autonomy guaranteed to Hong Kong by the
Basic Law and the Joint Declaration;
(9) to protect United States citizens and long-term
permanent residents living in Hong Kong, as well as people
visiting and transiting through Hong Kong;
(10) to maintain the economic and cultural ties that provide
significant benefits to both the United States and Hong Kong;
and
(11) to coordinate with allies, including the United
Kingdom, Australia, Canada, Japan, and the Republic of Korea, to
promote democracy and human rights in Hong Kong.
SEC. 4. AMENDMENTS TO THE UNITED STATES-HONG KONG POLICY ACT OF
1992.
(a) Report.--Title II of the United States-Hong Kong Policy Act of
1992 (22 U.S.C. 5721 et seq.) is amended--
(1) <<NOTE: 22 USC 5721.>> in section 201(b), by striking
``such date'' each place such term appears and inserting ``the
date of the enactment of the Hong Kong Human Rights and
Democracy Act of 2019''; and
(2) adding at the end the following:
``SEC. 205. <<NOTE: 22 USC 5725.>> SECRETARY OF STATE REPORT
REGARDING THE AUTONOMY OF HONG KONG.
``(a) Certification.--
``(1) In general.--Except as provided in subsection (b), the
Secretary of State, on at least an annual basis, and in
conjunction with the report required under section 301, shall
issue a certification to Congress that--
``(A) indicates whether Hong Kong continues to
warrant treatment under United States law in the same
manner as United States laws were applied to Hong Kong
before July 1, 1997;
[[Page 133 STAT. 1164]]
``(B) addresses--
``(i) commercial agreements;
``(ii) law enforcement cooperation, including
extradition requests;
``(iii) sanctions enforcement;
``(iv) export controls, and any other
agreements and forms of exchange involving dual
use, critical, or other sensitive technologies;
``(v) any formal treaties or agreements
between the United States and Hong Kong;
``(vi) other areas of bilateral cooperation
that the Secretary determines to be relevant; and
``(vii) decision-making within the Government
of Hong Kong, including executive, legislative,
and judicial structures, including--
``(I) freedom of assembly;
``(II) freedom of speech;
``(III) freedom of expression; and
``(IV) freedom of the press,
including the Internet and social media;
``(viii) universal suffrage, including the
ultimate aim of the selection of the Chief
Executive and all members of the Legislative
Council by universal suffrage;
``(ix) judicial independence;
``(x) police and security functions;
``(xi) education;
``(xii) laws or regulations regarding treason,
secession, sedition, subversion against the
Central People's Government of the People's
Republic of China, or theft of state secrets;
``(xiii) laws or regulations regarding foreign
political organizations or bodies;
``(xiv) laws or regulations regarding
political organizations; and
``(xv) other rights enumerated in the
Universal Declaration of Human Rights, done at
Paris December 10, 1948, and the International
Covenant on Civil and Political Rights, done at
New York December 19, 1966; and
``(C) includes--
``(i) <<NOTE: Assessment.>> an assessment of
the degree of any erosions to Hong Kong's autonomy
in each category listed in subparagraph (B)
resulting from actions by the Government of the
People's Republic of China that are inconsistent
with its commitments under the Basic Law or the
Joint Declaration;
``(ii) <<NOTE: Evaluation.>> an evaluation of
the specific impacts to any areas of cooperation
between the United States and Hong Kong resulting
from erosions of autonomy in Hong Kong or failures
of the Government of Hong Kong to fulfill
obligations to the United States under
international agreements within the categories
listed in subparagraph (B); and
``(iii) <<NOTE: Lists.>> a list of any
specific actions taken by the United States
Government in response to any erosion of autonomy
or failures to fulfill obligations to the
[[Page 133 STAT. 1165]]
United States under international agreements
identified in this certification and the report
required under section 301.
``(2) Factor for consideration.--In making each
certification under paragraph (1), the Secretary of State should
consider the terms, obligations, and expectations expressed in
the Joint Declaration with respect to Hong Kong.
``(3) <<NOTE: Time period. Determination.>> Additional
certifications.--The certification under section (1) shall be
issued annually, but the Secretary may issue additional
certifications at any time if the Secretary determines it is
warranted by circumstances in Hong Kong.
``(b) Waiver Authority.--
``(1) In general.--The Secretary of State may waive the
application of subsection (a) if--
``(A) <<NOTE: Determination.>> the Secretary
determines that such a waiver is in the national
security interests of the United States; and
``(B) <<NOTE: Notification.>> on or before the date
on which the waiver takes effect, the Secretary notifies
the Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives of the intent to waive such subsection;
``(2) <<NOTE: President.>> Partial waiver.--Except for the
list of actions described in subsection (a)(1)(C)(iii), the
Secretary of State may waive relevant parts of the application
of subsection (a) if the President issues an Executive order
under section 202 that suspends the application of any
particular United States law to Hong Kong.''.
(b) Visa Applicants.--Title II of the United States-Hong Kong Policy
Act of 1992 (22 U.S.C. 5721 et seq.), as amended by subsection (a), is
further amended by adding at the end the following:
``SEC. 206. <<NOTE: 22 USC 5726.>> TREATMENT OF HONG KONG
APPLICANTS FOR VISAS TO STUDY OR WORK IN
THE UNITED STATES.
``(a) Visa Eligibility for Certain Hong Kong Students.--
Notwithstanding <<NOTE: Time period.>> any other provision of law,
applications for visas to enter, study, or work in the United States,
which are submitted by otherwise qualified applicants who resided in
Hong Kong in 2014 and later, may not be denied primarily on the basis of
the applicant's subjection to politically-motivated arrest, detention,
or other adverse government action.
``(b) Implementation.--The Secretary of State shall take such steps
as may be necessary to ensure that consular officers are aware of the
policy described in subsection (a) and receive appropriate training and
support to ensure that the policy is carried out so that affected
individuals do not face discrimination or unnecessary delay in the
processing of their visa applications, including--
``(1) providing specialized training for all consular
officers posted to the United States Embassy in Beijing or to
any United States consulate in the People's Republic of China,
the Hong Kong Special Administrative Region, or the Macau
Special Administrative Region;
``(2) <<NOTE: Lists.>> instructing the United States
Consulate in Hong Kong to maintain an active list of individuals
who are known to have been formally charged, detained, or
convicted by the Government of Hong Kong Special Administrative
Region or
[[Page 133 STAT. 1166]]
by the Government of the People's Republic of China, or
intermediaries of such governments, based on politically-
motivated considerations related to their exercise of rights
enumerated in the Universal Declaration of Human Rights, done at
Paris December 10, 1948, or the International Covenant on Civil
and Political Rights, done at New York December 19, 1966, to
facilitate the cross-checking of visa applications for Hong Kong
residents; and
``(3) <<NOTE: Websites.>> updating any relevant United
States Government websites with information on the policy
described in subsection (a).
``(c) Cooperation With Like-minded Countries.--The Secretary of
State shall contact appropriate representatives of other democratic
countries, particularly those who receive a large number of applicants
for student and employment visas from Hong Kong--
``(1) to inform them of the United States policy regarding
arrests for participation in nonviolent protests in Hong Kong;
and
``(2) to encourage them to take similar steps to ensure the
rights of nonviolent protesters are protected from
discrimination due to the actions of the Government of Hong Kong
and of the Government of the People's Republic of China.''.
SEC. 5. <<NOTE: 22 USC 5701 note.>> ANNUAL REPORT ON VIOLATIONS
OF UNITED STATES EXPORT CONTROL LAWS AND
UNITED NATIONS SANCTIONS OCCURRING IN HONG
KONG.
(a) <<NOTE: Time period. Consultation. Assessments.>> In General.--
Not later than 180 days after the date of the enactment of this Act, and
annually thereafter until the date that is 7 years after the date of the
enactment of this Act, the Secretary of Commerce, in consultation with
the Secretary of the Treasury and the Secretary of State, shall submit a
report to the committees specified in subsection (b) that includes--
(1) an assessment of the nature and extent of violations of
United States export control and sanctions laws occurring in
Hong Kong;
(2) to the extent possible, the identification of--
(A) any items that were reexported from Hong Kong in
violation of the laws referred to in paragraph (1);
(B) the countries and persons to which the items
referred to in subparagraph (A) were reexported; and
(C) how such items were used;
(3) an assessment of whether sensitive dual-use items
subject to the export control laws of the United States are
being--
(A) transshipped through Hong Kong; and
(B) used to develop--
(i) the Sharp Eyes, Skynet, Integrated Joint
Operations Platform, or other systems of mass
surveillance and predictive policing; or
(ii) the ``social credit system'' of the
People's Republic of China;
(4) an assessment of the efforts by the Government of the
People's Republic of China to use the status of Hong Kong as a
separate customs territory to import items into the People's
Republic of China from Hong Kong in violation of the export
control laws of the United States, whether as part of the
Greater Bay Area plan, through the assignment by Beijing of Hong
Kong as a national technology and innovation center,
[[Page 133 STAT. 1167]]
or through other programs that may exploit Hong Kong as a
conduit for controlled sensitive technology;
(5) an assessment of whether the Government of Hong Kong has
adequately enforced sanctions imposed by the United Nations;
(6) a description of the types of goods and services
transshipped or reexported through Hong Kong in violation of
such sanctions to--
(A) North Korea or Iran; or
(B) other countries, regimes, or persons subject to
such sanctions for engaging in activities--
(i) relating to international terrorism,
international narcotics trafficking, or the
proliferation of weapons of mass destruction; or
(ii) that otherwise present a threat to the
national security, foreign policy, or economy of
the United States; and
(7) an assessment of whether shortcomings in the enforcement
of export controls or sanctions by the Government of Hong Kong
necessitates the assignment of additional Department of the
Treasury, Department of Commerce, or Department of State
personnel to the United States Consulate in Hong Kong.
(b) Committees Specified.--The committees specified in this
subsection are--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Banking, Housing, and Urban Affairs of
the Senate;
(3) the Committee on Commerce, Science, and Transportation
of the Senate;
(4) the Committee on Foreign Affairs of the House of
Representatives; and
(5) the Committee on Energy and Commerce of the House of
Representatives.
(c) Form of Report.--The report required under subsection (a) shall
be submitted in unclassified form, but may include a classified annex.
SEC. 6. <<NOTE: 22 USC 5701 note.>> PROTECTING UNITED STATES
CITIZENS AND OTHERS FROM RENDITION TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) Policy Statements.--It is the policy of the United States--
(1) to safeguard United States citizens from extradition,
rendition, or abduction to the People's Republic of China from
Hong Kong for trial, detention, or any other purpose;
(2) to safeguard United States businesses in Hong Kong from
economic coercion and intellectual property theft;
(3) pursuant to section 103(7) of the United States-Hong
Kong Policy Act of 1992 (22 U.S.C. 5713(7)), to encourage United
States businesses ``to continue to operate in Hong Kong, in
accordance with applicable United States and Hong Kong law'';
and
(4) pursuant to section 201(b) of such Act (22 U.S.C.
5721(b)), to evaluate, not less frequently than annually and as
circumstances, dictate whether the Government of Hong Kong is
``legally competent to carry out its obligations'' under
treaties and international agreements established between the
United States and Hong Kong.
[[Page 133 STAT. 1168]]
(b) <<NOTE: President. Determination. Reports.>> Response to Threat
of Rendition.--Not later than 30 days after the President determines
that legislation proposed or enacted by the Government of Hong Kong
would put United States citizens at risk of extradition or rendition to
the People's Republic of China or to other countries that lack
protections for the rights of defendants, the President shall submit a
report to the appropriate congressional committees that--
(1) <<NOTE: Strategy.>> contains a strategy for protecting
United States citizens and businesses in Hong Kong;
(2) <<NOTE: Assessment.>> assesses the potential risks of
the legislation to United States citizens residing in, traveling
to, or transiting through Hong Kong; and
(3) <<NOTE: Determination.>> determines whether--
(A) additional resources are needed for American
Citizen Services at the United States Consulate in Hong
Kong; and
(B) the Government of Hong Kong is ``legally
competent'' to administer the United States-Hong Kong
Agreement for the Surrender of Fugitive Offenders, done
at Hong Kong December 20, 1996, or other relevant law
enforcement agreements between the United States and
Hong Kong.
SEC. 7. <<NOTE: President. 22 USC 5701 note.>> SANCTIONS RELATING
TO UNDERMINING FUNDAMENTAL FREEDOMS AND
AUTONOMY IN HONG KONG.
(a) Identification of Persons Responsible for Undermining
Fundamental Freedoms and Autonomy in Hong Kong.--
(1) <<NOTE: Reports. Determination.>> In general.--The
President shall submit a report to the appropriate congressional
committees, in accordance with paragraph (2), that identifies
each foreign person that the President determines is responsible
for--
(A) the extrajudicial rendition, arbitrary
detention, or torture of any person in Hong Kong; or
(B) other gross violations of internationally
recognized human rights in Hong Kong.
(2) Timing of reports.--The President shall submit to the
appropriate congressional committees--
(A) the report required under paragraph (1)--
(i) not later than 180 days after the date of
the enactment of this Act; and
(ii) <<NOTE: Time period.>> not less
frequently than annually thereafter in conjunction
with the publication of the report required under
section 301 of the United States-Hong Kong Policy
Act of 1992 (22 U.S.C. 5731); and
(B) an update to the report not later than 15 days
after any new action is taken under subsection (b) based
on the discovery of new information described in
paragraph (1).
(3) Consideration of certain information.--In preparing the
report required under paragraph (1), the President shall
consider--
(A) information provided jointly by the chairperson
and ranking member of each of the appropriate
congressional committees; and
(B) information obtained by other countries or
reputable nongovernmental organizations that monitor
violations of human rights abuses.
[[Page 133 STAT. 1169]]
(4) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Imposition of Sanctions.--The President shall impose the
sanctions described in subsection (c) with respect to each foreign
person identified in the report required under subsection (a)(1).
(c) Sanctions Described.--The sanctions described in this subsection
are the following:
(1) Asset blocking.--The President shall exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to the
extent necessary to block and prohibit all transactions in
property and interests in property of a foreign person
identified in the report required under subsection (a)(1) if
such property and interests in property are in the United
States, come within the United States, or come within the
possession or control of a United States person.
(2) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described
in subsection (a)(1) is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other
documentation to enter the United States; and
(iii) otherwise ineligible to be admitted or
paroled into the United States or to receive any
other benefit under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in
subsection (a)(1) is subject to revocation of any
visa or other entry documentation regardless of
when the visa or other entry documentation is or
was issued.
(ii) Immediate effect.--A revocation under
clause (i) shall--
(I) take effect immediately; and
(II) automatically cancel any other
valid visa or entry documentation that
is in the alien's possession.
(3) <<NOTE: Applicability.>> Penalties.--The penalties
provided for in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
shall apply to a foreign person that violates, attempts to
violate, conspires to violate, or causes a violation of
paragraph (1) to the same extent that such penalties apply to a
person that commits an unlawful act described in subsection (a)
of such section 206.
(d) Implementation.--The President may exercise all authorities
provided under sections 203 and 205 of the International Emergency
Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
(e) <<NOTE: Determination. Certification.>> Waiver.--The President
may waive the application of sanctions under this section with respect
to a person identified in the report required under subsection (a)(1) if
the President determines and certifies to the appropriate congressional
committees that such a waiver is in the national interest of the United
States.
(f) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to
[[Page 133 STAT. 1170]]
the reporting requirements under title V of the National
Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(c)(2) shall not apply with respect to an alien if admitting or
paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and
entered into force November 21, 1947, between the United
Nations and the United States, or other applicable
international obligations; or
(B) to carry out or assist law enforcement activity
in the United States.
(3) Exception relating to importation of goods.--
(A) In general.--The authorities and requirements to
impose sanctions authorized under this section shall not
include the authority or a requirement to impose
sanctions on the importation of goods.
(B) Good defined.--In this paragraph, the term
``good'' means any article, natural or manmade
substance, material, supply, or manufactured product,
including inspection and test equipment, and excluding
technical data.
(g) <<NOTE: Determination. Reports.>> Termination of Sanctions.--
The President may terminate the application of sanctions under this
section with respect to a person if the President determines and reports
to the appropriate congressional committees not less than 15 days before
the termination takes effect that--
(1) information exists that the person did not engage in the
activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for the
activity for which sanctions were imposed, and has credibly
committed to not engage in an activity described in subsection
(a)(1) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(h) Sunset.--This section, and any sanctions imposed under this
section, shall terminate on the date that is 5 years after the date of
the enactment of this Act.
(i) Definitions.--In this section:
(1) Admission; admitted; alien.--The terms ``admission'',
``admitted'', and ``alien'' have the meanings given those terms
in section 101 of the Immigration and Nationality Act (8 U.S.C.
1101).
(2) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
SEC. 8. <<NOTE: President. 22 USC 5701 note.>> SANCTIONS REPORTS.
(a) In General.--In accordance with section 7, the President shall
submit, to the appropriate congressional committees, a report that
includes--
[[Page 133 STAT. 1171]]
(1) <<NOTE: Lists.>> a list of each foreign person with
respect to which the President imposed sanctions during the year
preceding the submission of the report;
(2) a description of the type of sanctions imposed with
respect to each such person;
(3) the number of foreign persons with respect to which the
President terminated sanctions under section 7 during that year;
(4) the dates on which such sanctions were imposed or
terminated, as applicable;
(5) the reasons for imposing or terminating such sanctions;
and
(6) a description of the efforts of the President to
encourage the governments of other countries to impose sanctions
that are similar to the sanctions authorized under section 7.
(b) Nonapplicability of Confidentiality Requirement With Respect to
Visa Records.-- <<NOTE: Publication.>> The President shall publish the
report required under subsection (a) without regard to the requirements
of section 222(f) of the Immigration and Nationality Act (8 U.S.C.
1202(f)) with respect to confidentiality of records pertaining to the
issuance or refusal of visas or permits to enter the United States.
SEC. 9. SENSE OF CONGRESS ON PEOPLE'S REPUBLIC OF CHINA STATE-
CONTROLLED MEDIA.
It is the sense of Congress that--
(1) the United States condemns the deliberate targeting and
harassment of democracy activists, diplomatic personnel of the
United States and other nations, and their families by media
organizations controlled by the Government of the People's
Republic of China, including Wen Wei Po and Ta Kung Po;
(2) the Secretary of State should clearly inform the
Government of the People's Republic of China that the use of
media outlets to spread disinformation or to intimidate and
threaten its perceived enemies in Hong Kong or in other
countries is unacceptable; and
(3) the Secretary of State should take any activities
described in paragraph (1) or (2) into consideration when
granting visas for travel and work in the United States to
journalists from the People's Republic of China who are
affiliated with any such media organizations.
SEC. 10. SENSE OF CONGRESS ON COMMERCIAL EXPORTS OF CROWD CONTROL
EQUIPMENT TO HONG KONG.
It is sense of Congress that the Department of Commerce, in
conjunction with other relevant Federal departments and agencies, should
consider appropriate adjustments to the current United States export
controls with respect to Hong Kong to prevent the
[[Page 133 STAT. 1172]]
supply of crowd control and surveillance equipment that could be used
inappropriately in Hong Kong.
Approved November 27, 2019.
LEGISLATIVE HISTORY--S. 1838 (H.R. 3289):
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 165 (2019):
Nov. 19, considered and passed Senate.
Nov. 20, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2019):
Nov. 27, Presidential statement.
<all>
The committee amendment withdrawn by Unanimous Consent. (CR S6657)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S6657-6660)
Passed Senate with an amendment by Unanimous Consent. (text: CR S6657-6660)
Message on Senate action sent to the House.
Received in the House.
Held at the desk.
Mr. Engel moved to suspend the rules and pass the bill.
Considered under suspension of the rules. (consideration: CR H9089-9096)
DEBATE - The House proceeded with forty minutes of debate on S. 1838.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H9100)
Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 635).(text: CR H9089-9092)
Enacted as Public Law 116-76
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On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 417 - 1 (Roll no. 635). (text: CR H9089-9092)
Roll Call #635 (House)Motion to reconsider laid on the table Agreed to without objection.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 116-76.
Became Public Law No: 116-76.